Internet Law Commons^™

Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport

UIC John Marshall Journal of Information Technology & Privacy Law

A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …

Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …

The Presumption Of Injury: Giving Data Breach Victims "A Leg To Stand On," 32 J. Marshall J. Info. Tech. & Privacy L. 301 (2016), Corey Varma

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet

UIC John Marshall Journal of Information Technology & Privacy Law

This paper will explain the current state regarding the integration of commercial and recreational drones into the United States’ airspace with general aviation, as well as identify whether drones and general aviation incidents are common or are likely to occur. This paper will also analyze proposed regulations by the Federal Aviation Administration and any drawbacks that come along with them, as well as other proposed solutions to the current problem with integration of drones. Additionally, this paper will propose a solution which incorporates the use of current aviation technologies to solve the drone integration problem: mandating commercial drone operators to …

Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …

The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren

UIC John Marshall Journal of Information Technology & Privacy Law

In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …

How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta

UIC John Marshall Journal of Information Technology & Privacy Law

Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.

Lenz V. Universal: A Call To Reform Section 512(F) Of The Dmca And To Strengthen Fair Use, Marc J. Randazza

Vanderbilt Journal of Entertainment & Technology Law

Under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act (DMCA), those who issue materially false takedown notices are liable for damages. However, Section 512(f) has not effectively protected fair use. Currently, the DMCA issuer only has to prove he considered fair use before issuing a takedown notice, but faces no liability for actually taking action against fair use. The outcome of the recent Ninth Circuit Court of Appeals case Lenz v. Universal shows the flaws in the language of the DMCA. This Article calls for a mild adjustment to Section 512(f) for the purpose of protecting fair use …

Facebook, Twitter, And The Wild West Of Ip Enforcement On Social Media: Weighing The Merits Of A Uniform Dispute Resolution Policy, 49 J. Marshall L. Rev. 959 (2016), Daniel Doft

UIC Law Review

In Part I, this comment will discuss the different types of intellectual property issues that can arise on social media websites. Part II will then discuss the three actions currently available to an infringed owner attempting to protect its intellectual property rights. Part III will discuss the Uniform Domain Name Dispute Resolution Policy (UDRP), a successful mechanism for resolving domain name disputes online. Finally, Part IV will discuss the possible creation of a USRP, which will be modeled after the UDRP, in which a private third-party arbitrator would resolve intellectual property disputes in the social media arena. This section will …

Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha

UIC Law Review

No abstract provided.

Flo & Eddie, Inc. V. Sirius Xm Radio, Inc.: Will Terrestrial Radio And Pre-1972 Sound Recordings Remain “Happy Together”?, 50 J. Marshall L. Rev. 191 (2016), Kyle Prillaman

UIC Law Review

No abstract provided.

Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu

Washington International Law Journal

China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration since 2012. This article uses the real-name registration rules to illustrate the supremacy and limitations of the Network Authoritarian Model (NAM), an approach leveraging corporate resources for political surveillance and occasionally adopted by the Chinese party-state. By addressing the evolution of real-name registration rules in China, this article illustrates the party-state’s gradual efforts in both eliminating cyberspace anonymity and etching Chinese characteristics on the architecture of the Internet. Although the Chinese …

Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson

American University National Security Law Brief

No abstract provided.

The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and …

You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa

Brooklyn Law Review

The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click on …

Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty

Michigan Telecommunications & Technology Law Review

Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …

The First Amendment As Killer App, Anupam Chander

Journal of Law, Technology, & the Internet

"While it is a commonplace that the Internet revolutionized speech, what is perhaps less well understood is that free speech made today’s Internet." Symposium article.

The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell

Faculty Scholarship

No abstract provided.

The More Copyright Laws Change, The More Digital Challenges Stay The Same, Peter K. Yu

Faculty Scholarship

This essay was a contribution to the Liber Amicorum for Professor Jan Rosén of Stockholm University, a former president of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). Drawing on Professor Rosén's scholarship, the essay shows how today's judges, legislators, policymakers and commentators continue to address questions that copyright and media law scholars have explored in the past decades.

Specifically, this essay focuses on two topics. The first topic concerns the exhaustion of distribution rights in computer software and other digital works, including regional exhaustion within the European Union. The second topic covers the …

Addressing Employee Use Of Personal Clouds, Philip Favro

Richmond Journal of Law & Technology

Cloud computing is one of the most useful innovations in the digital age. While much of the attention on recent advances has focused on smartphones, tablet computers, and wearable technology, the cloud is perhaps unrivaled in its utility for organizations. From simplified data storage to innovative software platforms, enterprise-grade cloud solutions provide cost-effective alternatives to acquiring expensive computer hardware and software. Enterprise clouds also offer a collaborative work environment for a mobile and widespread work force, enabling businesses to maximize worker productivity.

A New Class Of Worker For The Sharing Economy, Megan Carboni

Richmond Journal of Law & Technology

Jennifer Guidry begins her workday at four a.m. She begins by vacuuming her personal car, preparing it to "ferry around strangers" for Uber, Lyft, and Sidecar. Uber, Lyft, and Sidecar are "ride services that let people summon drivers on demand via [electronic] apps." Her phone pings just moments after four-thirty a.m.-an Uber customer requesting a ride to the airport. She accepts immediately, makes a round trip to the airport in just over an hour, and pockets twenty-eight dollars. This does not account for the cost of gas or wear and tear on her car.6 She performs the airport loop a …

A Litigator's Guide To The Internet Of Things, Antigone Peyton

Richmond Journal of Law & Technology

Maybe you've heard about the Internet of Things (loT). It's the network of physical objects (or "things") that connect to the Internet and each other and have the ability to collect and exchange data. It includes a variety of devices with sensors, vehicles, buildings, and other items that contain electronics, software, and sensors. Some loT objects have "embedded intelligence," which allows them to detect and react to changes in their physical state. Though there is no specific definition of loT, the concept focuses on how computers, sensors, and objects interact with each other and collect information relating to their surroundings.